HomeMy WebLinkAboutResolution 2013-067 Vairance for 3712 Layton Ave N Allowing Construction of a Ground SignA RESOL UTIONAPPR0VING A VARIANCE TO ALLOW TIIE CONSTR UCTION OF A
GROUND SIGN AT 3712 LAYTONAVENUENOR THTHA T EXCEEDS THE
MAXIMUMHEIGIIT BY THREE FEET AND MAXIMUM AREA BYAPPROXIMATEL Y
18 SQUARE FEET ALLOWED UNDER THE CITY'S SIGNAGE REGULATIONS
WHEREAS, the City of Lake Elmo is a municipal corporation organized and
existing under the laws of the State of Minnesota; and
WHEREAS, Elmo Inn Enterprises, Inc., P.O. Box 182, Lake Elmo, Minnesota,
(the "Applicant") has submitted an application to the City of Labe Elmo (the "City") for a
Variance to allow for the construction of a ground sign that exceeds the maximum height
and area permitted under the City's Sign Ordinance; and
WHEREAS, notice has been published, mailed and posted pursuant to the Lake
Elmo Zoning Ordinance, Section 154.109; and
WHEREAS, the Lake Elmo Planning Commission held a Public Hearing on said
matter on August 26, 2013; and
WHEREAS, the Lake Elmo Planning Commission has submitted its report and
recommendation to the City Council as part of a Staff Memorandum dated September 3,
2013; and
WHEREAS, the City Council considered said matter at its September 3, 2013
meeting.
NOW, 'THEREFORE, based on the testimony elicited and information received,
the City Council makes the following:
1) That the procedures for obtaining said Variance are found in the Lake Elmo
Zoning Ordinance, Section 154.109.
2) That all the submission requirements of said Section 154.109 have been met by
the Applicant.
3) That the proposed variance is to allow for the construction of a ground sign at
3712 Layton Avenue North that exceeds the maximum height by 3 feet and
maximum area by approximately 18 square feet allowed under the City's Sign
Ordinance.
4) That the Variance will be located on property legally described as follows:
Resolution No. 2013-67
LOTS 11 - 12-13-14 8-,15 BLOCK 2 BUSCH`S IST TO CLOVERDALE ELMO
LAKE ELMO CITY SLUBDIVISIONNAME BUSCH'S 1 ST ADD TO
CLOVERDALE ELMO LOT 1 I BLOCK 2 SUBDIVISIONCD 37105. More
commonly known as 3712 Layton Avenue North.
5) That the strict enforcement of Zoning Ordinance would cause practical difficulties
and that the property owner proposes to use the property in a reasonable manner
not permitted by an official control. Specific findings: That theproposed use is
reasonable dose to the accumulation of large snow banks along TII-5 during the
winter that reduce the visibility of the proposed signage.
6) That the plight of the landowner is due to circumstances unique to the property
not created by the landowner. Specific findings: That the grade of the ditch
along TH-5 a4jacent to the applicant's property does not allow for adequate
snow ,storage, causing the accumulation of large snow banks and reduced
visibility.
7) That the proposed variance will not alter the essential character of the locality in
which the property in question is located. Specific findings: The construction of
the proposed ground sign will not alter the essential character of the locality.
8} That the proposed variance will not impair an adequate supply of light and air to
property adjacent to the property in question or substantially increase the
congestion of the public streets or substantially diminish or impair property values
within the neighborhood. Specdflcfiindings. The allowance of the proposed
ground sign will not impair the supply of light and air to adjacent properties, or
increase the congestion of public streets, or diminish or impair property values
within the neighborhood
;.RAW H, & is 1M
Based on the foregoing, the Applicant's application for a Variance is granted.
Passed and duly adopted this 3'd day of September, 2013 by the City Council of the City
of Lake Elmo, Minnesota.
Michael Pearson, Mayor
ATTEST:
A am Bell, City Cler
Resolution No, 2013-67 2